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Lien position is determined by date of recording (filing). For example, if your first mortgage was recorded in 2010 and the state tax lien was recorded in 2011, the mortgage would be in first lien position. The fact that you are in the process of modifying that mortgage does not negate the original recording date of the mortgage. A mortgage modification simply gets recorded to put on record the changes in the existing mortgage.

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16+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.

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